Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: Radioactive materials license fees; WAC 246-254-070 Specialized radioactive materials licenses, 246-254-080 Medical and veterinary licenses, 246-254-090 Industrial, 246-254-100, Laboratory, and 246-254-120 Licensing actions.

     Purpose: To revise the fee schedule for the radioactive materials program in order to cover increases in program costs.

     Other Identifying Information: The proposal adjusts fees 3.2% or less, within fiscal year 2004 fiscal growth limits.

     Statutory Authority for Adoption: RCW 70.98.080 and 43.70.250.

     Statute Being Implemented: RCW 70.98.080 and 43.70.250.

     Summary: Fees support the public health activities in the radiation protection program and need to be adjusted to compensate for routine inflationary costs of the program.

     Reasons Supporting Proposal: Sufficient revenue is necessary to fulfill the department's public health obligations.

     Name of Agency Personnel Responsible for Drafting: Terry C. Frazee, Tumwater, (360) 236-3213; Implementation and Enforcement: Arden Scroggs, Tumwater, (360) 236-3221.

     Name of Proponent: Washington State Department of Health, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule will increase the annual radioactive materials license fees in the range of 2.74% to 3.20%. The purpose of the fees is to support the licensing and inspection program within the Office of Radiation Protection. The fee increase will allow the radioactive materials program to continue its current level of public health activities, i.e., inspecting facilities, performing safety reviews of license applications, responding to radiation incidents, and answering licensee and public concerns about radiation safety.

     Proposal Changes the Following Existing Rules: The proposal amends WAC 246-254-070, 246-254-080, 246-254-090, 246-254-100, and 246-254-120 by adjusting the fees within the fiscal year 2004 fiscal growth limit of 3.2%.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

     RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the analysis required in RCW 34.05.328.

     Hearing Location: Department of Health, 7171 Cleanwater Lane, Building 5, Tumwater, WA 98501, on April 27, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Terry Frazee by April 20, 2004, TDD (800) 833-6388 or (360) 236-2255.

     Submit Written Comments to: Terry C. Frazee, DOH-EHP-DRP, P.O. Box 47827, Olympia, WA 98504-7827, e-mail terry.frazee@doh.wa.gov, fax (360) 236-2255, by April 27, 2004.

     Date of Intended Adoption: April 28, 2004.

March 17, 2004

M. C. Selecky

Secretary

OTS-7019.1

AMENDATORY SECTION(Amending WSR 03-14-034, filed 6/23/03, effective 7/24/03)

WAC 246-254-070   Fees for specialized radioactive material licenses.   (1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:

     (a) Five thousand ((five)) seven hundred ((fifty-five)) thirty-two dollars for operation of a single nuclear pharmacy.

     (b) Nine thousand ((four)) seven hundred ((seventy-five)) seventy-six dollars for operation of a single nuclear laundry.

     (c) Nine thousand ((four)) seven hundred ((seventy-five)) seventy-six dollars for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.

     (d) Three thousand ((three)) four hundred ((twenty-five)) twenty-eight dollars for a license authorizing a single facility to use less than or equal to one curie of unsealed radioactive material or any quantity of previously sealed sources in the manufacture and distribution of products or devices containing radioactive material.

     (e) Eight hundred ((sixty)) eighty-four dollars for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

     (f) Six thousand ((three)) five hundred ((fifty-five)) fifty-six dollars for a license authorizing decontamination services operating from a single facility.

     (g) Three thousand ((ten)) one hundred dollars for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

     (h) One thousand three hundred ((forty)) eighty dollars for a license authorizing equipment servicing involving:

     (i) Incidental use of calibration sources;

     (ii) Maintenance of equipment containing radioactive material; or

     (iii) Possession of sealed sources for purpose of sales demonstration only.

     (i) Two thousand five hundred ((five)) eighty dollars for a license authorizing health physics services, leak testing, or calibration services.

     (j) One thousand ((five)) six hundred ((seventy)) twenty dollars for a civil defense license.

     (k) Four hundred ((seventy-five)) eighty-eight dollars for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.

     (2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:

     (a) ((Eighteen)) Nineteen thousand ((eight)) four hundred ((five)) dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than one curie.

     (b) Eight thousand ((six)) nine hundred ((ninety)) sixty-eight dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than 0.1 curie but less than or equal to one curie.

     (c) ((Six)) Seven thousand ((nine)) two hundred ((eighty-five)) eight dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession less than or equal to 0.1 curie.

     (3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:

     (a) An initial application fee of one thousand dollars;

     (b) Billing at the rate of one hundred dollars for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and

     (c) Any fees for additional services as described in WAC 246-254-120.

     (d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.

     (4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:

     (a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and

     (b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.

[Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-070, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-070, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-070, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-070, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-070, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-070, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-070, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-070, filed 10/29/91, effective 11/29/91.]

     (a) Four thousand ((six)) eight hundred ((ninety-five)) forty-four dollars for operation of a mobile nuclear medicine program from a single base of operation.

     (b) Three thousand ((four)) five hundred ((twenty-five)) thirty-two dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.

     (c) ((Two)) Three thousand ((nine hundred sixty-five)) sixty dollars for a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.

     (d) Four thousand ((seven)) eight hundred ((twenty-five)) seventy-six dollars for a license authorizing groups II or III and groups IV or V of WAC 246-235-120 for full diagnostic and therapy services at a single facility.

     (e) Two thousand ((five)) six hundred ((forty)) twenty dollars for a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.

     (f) One thousand ((five)) six hundred ((seventy)) twenty dollars for a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.

     (g) Two thousand ((three)) four hundred ((ninety)) sixty-four dollars for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility.

     (h) One thousand nine hundred sixty dollars for a license authorizing medical or veterinary possession of greater than thirty millicuries but less than or equal to two hundred millicuries total possession of radioactive material at a single facility.

     (i) One thousand ((three)) four hundred ((ninety-five)) thirty-six dollars for a license authorizing medical or veterinary possession of less than or equal to thirty millicuries total possession of radioactive material at a single facility.

     (j) One thousand two hundred ((twenty-five)) sixty-four dollars for a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.

     (k) Seven hundred ((sixty-five)) eighty-eight dollars for a license authorizing medical or veterinary possession of a sealed source for diagnostic use at a single facility.

     (2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.

[Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-080, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-080, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-080, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-080, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-080, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-080, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-080, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-080, filed 10/29/91, effective 11/29/91.]

     (a) Five thousand ((five)) seven hundred ((thirty-five)) eight dollars for a license authorizing the use of radiographic exposure devices in one or more permanent radiographic vaults in a single facility.

     (b) Seven thousand ((four)) six hundred ((fifteen)) fifty-two dollars for a license authorizing the use of radiographic exposure devices at temporary job sites but operating from a single storage facility.

     (c) Three thousand ((six)) seven hundred ((thirty-five)) forty-eight dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.

     (d) ((Seven)) Eight hundred ((eighty-five)) eight dollars for a license authorizing possession of portable sealed sources including moisture/density gauges and excluding radiographic exposure devices operating from a single storage facility.

     (e) Eight hundred ((sixty)) eighty-four dollars for a license authorizing possession of any nonportable sealed source, including special nuclear material and excluding radioactive material used in a gas chromatograph at a single facility.

     (f) Five hundred ((forty)) fifty-six dollars for a license authorizing possession of gas chromatograph units containing radioactive material at a single facility.

     (g) One thousand ((four)) five hundred ((ninety-five)) forty dollars for a license authorizing possession of any self-shielded or pool type irradiator with sealed source total quantity greater than one hundred curies at a single facility.

     (h) ((Seven)) Eight thousand ((nine)) one hundred ((thirty)) eighty dollars for a license authorizing possession of sealed sources for a walk-in type irradiator at a single facility.

     (i) ((Six)) Seven thousand ((nine)) one hundred twenty dollars for a license authorizing possession of greater than one gram of unsealed special nuclear material or greater than five hundred kilograms of source material at a single facility.

     (j) Two thousand two hundred ((ten)) eighty dollars for a license authorizing possession of less than or equal to one gram of unsealed special nuclear material or five hundred kilograms of source material at a single facility.

     (k) Three hundred ((fifty)) sixty dollars for a license authorizing possession of static elimination devices not covered by a general license.

     (2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.

     (3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of ((seventy-two)) seventy-four dollars to the department.

     (4) General licensees required to register in accordance with WAC 246-233-020 (3)(k) shall forward an annual fee of two hundred fourteen dollars to the department.

[Statutory Authority: RCW 70.98.050. 04-04-055, § 246-254-090, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-090, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-090, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-090, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-090, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-090, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-090, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-090, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-090, filed 10/29/91, effective 11/29/91.]

     (a) Three thousand ((seven)) nine hundred ((eighty)) dollars for a license authorizing possession at a single facility of unsealed sources in amounts greater than:

     (i) One millicurie of I-125 or I-131; or

     (ii) One hundred millicuries of H-3 or C-14; or

     (iii) Ten millicuries of any single isotope.

     (b) One thousand ((eight)) nine hundred ((seventy)) twenty-eight dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

     (i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or

     (ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or

     (iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.

     (c) One thousand ((five)) six hundred ((seventy)) twenty dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

     (i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or

     (ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or

     (iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.

     (d) Five hundred ((forty)) fifty-six dollars for a license authorizing possession at a single facility of unsealed or sealed sources in amounts:

     (i) Less than or equal to 0.01 millicurie of I-125 or I-131; or

     (ii) Less than or equal to one millicurie of H-3 or C-14; or

     (iii) Less than or equal to 0.1 millicurie of any other single isotope.

     (e) Seven hundred ((twenty-five)) forty-eight dollars for a license authorizing possession at a single facility of large quantities of naturally occurring radioactive material in total concentration not exceeding 0.002 microcurie per gram.

     (2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.

     (3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of ((seventy-two)) seventy-four dollars to the department.

[Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-100, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-100, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-100, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-100, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-100, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-100, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-100, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-100, filed 10/29/91, effective 11/29/91.]

     (a) For a second follow-up inspection, and each follow-up inspection thereafter, a fee of one hundred dollars per hour of direct staff time associated with the follow-up inspection, not to exceed one thousand dollars per follow-up inspection. Hours are calculated in half-hour increments.

     (b) For each environmental cleanup monitoring visit, a fee of one hundred dollars per hour of direct staff time associated with the environmental cleanup monitoring visit, not to exceed two thousand five hundred dollars per visit. Hours are calculated in half-hour increments.

     (c) For each new license application, the fee of one hundred ((sixty)) sixty-five dollars in addition to the required annual fee.

     (d) For each sealed source and device evaluation, a fee of one hundred dollars per hour of direct staff time associated with each sealed source and device evaluation, not to exceed three thousand dollars per evaluation.

     (e) For review of air emission and environmental programs and data collection and analysis of samples, and review of decommissioning activities by qualified staff in those work units, a fee of one hundred dollars per hour of direct staff time associated with the review. The fee does not apply to reviews conducted by the radioactive materials section staff and does not apply unless the review time would result in a special service charge exceeding ten percent of the licensee's annual fee.

     (f) For expedited licensing review, a fee of one hundred dollars per hour of direct staff time associated with the review. This fee only applies when, by the mutual consent of licensee and affected staff, a licensing request is taken out of date order and processed by staff during nonwork hours and for which staff is paid overtime.

     (2) The licensee or applicant shall pay any additional service fees at the time of application for a new license or within thirty days of the date of the billing for all other licensing and compliance actions.

     (3) The department shall process an application only upon receipt of the new application fee and the annual fee.

     (4) The department may take action to modify, suspend, or terminate the license or sealed source and device registration if the licensee fails to pay the fee for additional licensing and compliance actions billed by the department.

[Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-120, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-120, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 95-12-004, § 246-254-120, filed 5/25/95, effective 6/25/95; 94-11-011, § 246-254-120, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-120, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-120, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-254-120, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-70-070, filed 12/11/86; 79-12-073 (Order 1459), § 402-70-070, filed 11/30/79, effective 1/1/80.]

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